her vixenish tendencies; but grant that only the Amelia Ropers benefit by the law, and the argument is just as perfect. What sort of democracy is that which, professing to right all wrongs, makes an exception against those which are usually suffered, or at least usually avenged, only by the vulgar. Why not refuse to Amelia Roper her action on her bill because the lodgings she lets are tawdrily pretentious, and the suppers she supplies are redolent of strong cheese? But then, it is asked-and here we come to the graver side of the usual plea-does the law protect even Amelia Roper? Is it not, in fact, better that if the man has wearied of his engagement, he should be allowed to go, than that he should keep bis contract under compulsion, and so be married unwillingly to a bride whom he bas ceased to love? We are not quite sure. Stated blankly, we know of no answer to the question; but then, ought it to be stated blankly? Is it not true that, especially with the unrefined, affection is made up of many ingredients--one of them being, in the case of betrothal as in the case of marriage, enforced habitude and custom. Most men and women, once seriously attracted by each other, can love one another if they please, and break off engagements not so much from distaste as in hope of still greater satisfaction from a new venture. The author of "A Window in Thrums has keen eyes, though it suits him always to record his experience in that half-melancholy, half-humorous whisper which his audience is rather to catch than to hear, and we suspect he is right when he finishes his account of a quarrel between two rustic lovers, one of whom had begged off his engagement while the other had refused a release, with: "So I left them to their coortin'." We have a suspicion that the sentimental argument is often pleaded against betrothal just as it is pleaded for lax divorce, rather to extend the area of human liberty than for any loftier motive whatsoever. Those who plead it are impatient of bonds, be their kind what it may, and would if they could give children a right, when of mature years, to change their fathers and mothers. Of course, there may be hard cases, and we certainly are not for making betrothals indissoluble-though, be it observed, the better the people, and even the class, the nearer they approach to that ideal-but legislators have to think of the majority, and for the majority we are sure it is good that betrothal should be made as serious an affair as possible, one not to be entered on without thought and conviction, not to be broken off without the gravest consideration, or usually without some sort of consent from both. The law as it exists increases the sense of the responsibility involved in an engagement, and it is tue decay of that sense in all the relations of life, except the single one of responsibility to public opinion, which threatens to melt the cement that holds society together. Careless betrothals cause. lessly broken, rash marriages terminated by easy divorces, parental authority treated with contempt, or rather for that is unfair-regarded as non-existent, filial respect dying out, and kinship declared to be no bond unless friendship is superadded-these ideas of the hour may all have their attraction, but we certainly shall not bind together with them a strong or a durable society. We are leaving out or softening the mortar in the wall. We wish, like our contemporaries, we could get rid of actions for breach of promise; but, before abolishing the law, we should like to be rid of the necessity out of which the law arose. Recurrence to a "state of Nature" is not always the safest of all plans for society. It was tried for twenty years in the Punjab, where the British, true to their theory, refused to permit punishment for adultery. That matter was left to Nature," with this result, that wife-murder among the Sikhs became so frightfully frequent that the British, for very shame and in natural horror, made the offence once more penal by "arbitrary statute. We may yet find, if we abolish legal redress for jilting, we have revived in a very large class the practice of self-vindication by means which, on the Contineut, popular juries can hardly be persuaded to coudemn.Spectator. SOLICITORS AS MORTGAGEES. Not very long ago we wrote on this subject, and pointed out some matters which a solicitor who takes a mortgage from his client should bear in mind. (See 8 L. N. pp. 110, 180.) In our article we laid down four rules to be followed, namely:-I. A solicitor taking a mortgage from his client, giving him a right to sell without notice, should take care to explain to the mortgagor the effect of such a power of sale. II. A solicitor taking a mortgage from his client for a fixed term, the mortgage deed prohibiting the mortgagor from redeeming until the expiration of the term, should take care to explain to the mortgagor what his position will be under the mortgage. III. When a solicitor, taking a mortgage from his client, and wishing for the advantage conferred by the doctrine of consolidation, has provided in the mortgage that sect. 17 of the Conveyancing Act shall not apply, he should take care to explain the law of consolidation to his cl ent, and let him know that although statute law has taken away the doctrine, yet that the statutory provision is voluntary and not compulsory, and in this particular mortgage it has been excluded, and that the mortgagee or any transferee will have the right to consolidate. IV. That when a solicitor takes a mortgage from his client, he should take care to preserve written evidence that the client understood the effect of the mortgage executed by him, more particularly if the mortgage coutained any unusual or special provisions. The interest which a good deal of correspondence convinces us was taken in this article induces us to call attention to another rule, which those of our readers who are in the habit of advancing money on mortgage to their clients will do well to remember. The rule which we are about to give is suggested by the decision in Re Roberts, just reported at p. 52 of vol. 43 (Chancery Division) of the Law Reports, a decision which ought to be trumpeted throughout the length and breadth of the land. Our readers know fully well what a number of solicitors are in the babit of lending their own money to their clients on the security of the latter's land. There are many reasons why this practice is so common. In the first place, the borrower is well known to the lender, and so the latter is able to reckon the value of the personal covenant to repay the principal and to pay the interest-always important factors when the mind is being made up whether the money shall be advanced, and, if so, what amount. Secondly, a client would rather borrow of his own solicitor, who knows his affairs, than borrow from an outside source, and perhaps be beholden to some person he would fain be under no obligation to. Thirdly, and it is to this that we wish to call particular attention-there will be the costs to be derived, first, from the mortgage, and, secondly, from the reconveyance or from some transfer of the security. A solicitor knows that if he himself cannot find the money his client requires from time to time, the client will probably take his business elsewhere, and the solicitor feels that he cannot afford to lose the costs which, as the solicitor acting for himself, the mortgagee, he will be able to charge his client, the mortgagor. Aud so the drawing of mortgages in favour of solicitors by their clients forms a not inconsiderable part of the business-the profitable business-of many practising solicitors. A solicitor must always have money ready to lend to a client if he would keep his business together, or if he is endeavouring to get together a business. There is nothing in the slightest degree reprehensible in a solicitor assuming the rôle of lender-nothing wrong in his acting for himself, and drawing the mortgage deed and charging therefor, assuming that, as will generally be the case, he takes no advantage, and only charges his client what he would charge him if the money were being lent by someone else. The idea that there is any harm in this practice of lending money to a client has never been suggested-the notion that the solicitor in charging the ordinary legal costs for preparing the mortgage was making a charge which on taxation he could not support, has, we venture to think, never entered into the head even of the most scrupulous and conscientious of solicitors. And yet Re Roberts decides that these charges cannot be legally made-that a solicitor who prepares a mortgage in his own favour from his client cannot make any charge for his professional services; he in entitled to recover from the mortgagor his principal and his interest, and his costs as mortgagor, but the costs incurred in connection with the preparation and execution of the mortgage deed are not costs within the meaning of this expression. Is not this decision far-reaching and important? Can our readers doubt it? Have they duly observed it? Have they taken thought whether there is no way to avoid the decision? On all sides we find a solicitor's business is being cut away from him, and if Re Roberts cannot be got over, or got round, away goes a very lucrative branch of many a solicitor's practice. Of course, for the most part clients will not know of the decision, and will pay the costs as before; but we take it that numbers of solicitors do not care about making charges to their clients which, if contested, could not be sustained. We are thinking of the numbers of high-minded, respectable solicitors who take up this branch of business, and we are not taking into account the few solicitors who simply lend money to their clients with a view of making costs upon costs; we are not thinking of those black sheep of the profession who, or whose clients, lend money and are constantly calling it in, so that the mortgagor, being unable to repay, there may be transfers required, and thus costs made to go into their own pocket. Such as these are quite outside the scope of our article. What, then, must a solicitor who lends money to his client do in order that he may legally make his client the same charges for preparing the mortgage deed that he would make if the money being advanced were not his own but belonged to one of his clients, who was advancing it on mortgage? What he should do seems to us to be this:-He should, after he has made up his mind that he will advance the money as his client wished, but before he has definitely promised to do so, call a halt in the negotiations and point out to the client that in this matter he, the mortgagee, will prepare the mortgage deed in the usual way, explain the decision in Re Roberts to his client in such a way that the latter clearly understands that the solicitor has no legal right to charge solicitor's costs in the matter, and then make it part of the bargain that the client will pay these charges that if it is so desired they are to be deducted from the money to be advanced. If this plan is adopted, we consider that the decision in Re Roberts could not be applied that the client would have to pay the charges under his own express agreement, voluntarily and deliberately, and with full knowledge of the law, entered into by him, This is the way we suggest to get over Re Roberts, a decision which, in our opinion, ought never to have been given to disgrace the volume of Reports in which it appears. We add, then, the following as a fifth rule to be borne in mind by a solicitor who is leuding money on the security of his client's property : V. A solicitor advancing money to his client on mortgage should explain to him, and see that he clearly understands, that he (the client) will have to pay the usual costs incurred in connection with the preparation, execution, &c., of the mortgage, and obtain his consent to these costs being deducted from the mortgage money. We know that practising solicitors do not, as a rule, care about recent decisions; they find, so they say, that they hamper and hinder rather than aid them in their practice; but Re Roberts is hardly a decision they can, if they consider their own interests and their duties to their client, afford to ignore. In case of scepticism on the part of our readers, we will conclude the article by an extract from the judgment of Kay, J., in Re Roberts. Said that learned judge, "The reason why these costs should not be allowed is not that of any fiduciary relation between the solicitor and the mortgagor, but they are not mortgagor's costs at all. They are mortgagee's costs, and the only way in which they could be allowed is, if there is a mortgagee against whom they could be charged, and who would have to pay them to his own solicitor, and coull then charge them to the mortgagor. But here there was no mortgagee who had to pay to any solicitor. The mortgagee has no solicitor to prepare the mortgage, for he does the work himself, and therefore he cannot charge any costs, because they never existed at all." Since the above remarks were put into print the case of Field v. Hopkins (vide ante, p. 44) has been decided by the same judge. There he has carried his law further, and has practically held that even if the mortgagor actually charges such costs on the morig ged property, they will be disallowed ou foreclosure; but this case, though it goes a long way, would not seem to prevent the mortgagor being personally liable to pay such costs on his express agreement; care should be taken to show the consideration for the agreement, that is, to make it clear, as our article suggests, that the arrangement as to the costs formed a part of the agreement for the loan.-Law Notes. INCORPORATED LAW SOCIETY OF IRELAND SOLICITORS' APPRENTICES' DEBATING SOCIETY. A general meeting of the above society was held on Monday, the 3rd inst., in the Society's Hall, Antient Concert Rooms. The chair was taken by Mr. Thomas Gerrard, solicitor, member of the Council of the Incorporated Law Society. The subject for debate was "That the tendency of British Legislation during the past half century has been Socialistic to an injurious extent." The affirmative was maintained by Messrs. T. W. Delaney and Wm. H. Geoghegan, hon. sec.; and the negative by Messrs. E. E. Gethin and Joseph Dudley. The following also joined in the discussion, viz.-Messrs. J. G. Skinner, Daniel M'Cartan, B. A.; Wm. Sheridan, J. J. Donaghy, B.A.; A. Cooney, &c. On the question being put to the meeting, the negative was declared in the majority. On Monday evening next, the 10th inst., it is intended to hold a "Parliamentary night," commencing at 7 30 o'clock. The proceedings will consist of a Queen's Speech," and an amendment will be moved to the ad. dress disapproving of the Irish policy of Her Majesty's Government. A large and punctual attendance of the members is requested. The meeting will be open to the public, BOOKS RECEIVED. A Treatise on the Law of Contracts, and upon the Defences to Actions thereon. By JOSEPH CHITTY, jun., Esq. The Twelfth Edition, newly arranged in 27 Chapters, with much added matter, and increased facilities for reference. By J. M. LELY, Esq., M.A., Editor of "Woodfall's Law of Landlord and Tenant," &c., and NEVILL GEARY, Esq., M.A., Author of the "Law of Theatres and Music Halls." London: Sweet & Maxwell, Limited, 3 Chancerylane, Law Publishers. Manchester: Meredith, Ray, & Littler. 1890. LAW STUDENTS' JOURNAL. THE INCORPORATED LAW SOCIETY OF IRELAND. FINAL EXAMINATION FOR APPRENTICES TO Pursuant to the Attorneys and Solicitors Act (Ireland), 1866. HILARY SITTINGS EXAMINATIONS, 1890. CHANCERY. 1. At what point in the course of an action is a summous issued for an order to fix the mode of trial, and what is the object of such an order? 2. Within what time after his appearance can a defendant apply to dismiss for want of prosecution? What is the last pleading delivered by the other side before the delivery of their opponent's defence, reply to counter claim, joinder of issue; and what are the respective times allowed for the delivery of these latter? 3. When the party has appeared how are the follow. ing documents served in the Chancery Division:Statement of claim, summons to extend time for pleading, notice of setting down for trial, notice of appeal to Court of Appeal, side bar order for liberty to read documents on a trial, order of Court that the defendant lodge money, and notice of motion for his attachment if he disobey such order? 4. What is the meaning of the word "surcharge" in relation to an account taken in Chamber, and what are the steps requisite to make and substantiate the same? 5. What is the nature and object of a notice of decree under the 66th section of the Chancery (Ireland) Act, How is 1867, and on what persons must it be served! the evidence of such service recorded, aud proved before the Chief Clerk ? 6. What are the accounts and inquiries directed in an ordinary decree obtained by a creditor for administration of personal estate? CHANCERY DIVISION-LAND JUDGES. 1. Give briefly the statement required by the Court in a petition by an owner? 2. On what occasion is the Solicitor having carriage of sale expected to appear in person? 3. What steps must be taken if it is desired that the sale should be elsewhere than in Dublin, and what is required to have such sale approved by the Judge ? 4. When can a petition for sale be registered as a Lis pendens! 5. How is an order for survey obtained, and at what stage of the proceedings? 6. Within what time must a purchaser lodge bis purchase money? HILARY SITTINGS EXAMINATIONS, 1890. PRACTICE OF THE COURT OF BANKRUPTCY. 1. How should a petition in Bankraptoy by a Limited Company be perfected? 2. What is a "Composition after Bankruptcy"? Is the rule as to Creditors entitled to vote, the same as in an arrangement matter? 3. What are the rights, as to proving, of a Creditor, who holds the joint and several promissory note of all the members of a Bankrupt firm. 4. Is there any, and if so what, Statutory provision entitling a Creditor to interest in proving his debt where no Contract to pay interest exists? 5. Draw the endorsement of particulars on a proof of debt by a Creditor holding the promissory note of the Bankrupt for £1,000, and having, as part security, a mortgage on a policy of insurance for £200, and a farm value for £300, both belonging to the Bankrupt? 6. What is the practice of the Court as to realizing mortgaged lands of a Bankrupt, where the mortgagees refuse to concur in a Sale! PROBATE AND MATRIMONIAL. 1. What documents must be prepared by the Solicitor in order to obtain a grant of Probate? 2. What documents are usually required in order to obtain letters of Administration which are not necessary in Probate cases? 3. If the party duly named as Executor in a will be at the time of the application for a grant, a minor resident abroad or absent from the kingdom, and it is found necessary to have the will proved at once; can a grant be issued under such circumstances and in what form ? 4. In what cases is it more beneficial for parties not to make in the Schedule of assets any return of, or claim any deduction for debts due and owing by the deceased? 5. Define alimony, and distinguish between the two kinds of such. 6. Describe the mode of preparing and passing a succession account of real estate, and upon what principle is the duty assessed by the officer of Inland Revenue? COMMON LAW. 1. How are pleadings and notices served? State any recent alteration in the practice. Up to what hour can they be served? When are motions moveable? and state the practice when they are grounded on affidavit ? 2. In what class of cases is it still necessary to name a local venue? When can a notice of motion to change a venue be served and state some of the grounds usually relied on in the affidavit to ground the motion; and where the venue is not changed, what is the usual rule as to costs? 3. State on whom a writ in an action for the recovery of land for non-payment of rent should be served, and where the rent is less than £100 per annum what costs will be recoverable from Defendant. What application to the Court can the Defendant to an action for recovery of an Agricultural holding for non-payment of rent make, and what should the affidavit state / 4. In actions for recovery of land grounded on the title, who should be served, and what affidavits are necessary to obtain judgment by default? 5. State what are the different classes of action wherein periods are limited for the institution of proceedings, and the times of such limitations, 6. How is a Receiver by way of Equitable execution appointed, and over what kind of property? Holloway's Pills.-Teachings of Experience.-The united testimony of thousands, extending over more than forty years, most strongly recommends these Pills as the best purifiers, the mildest aperients, and the surest restoratives. They never prove delusive, or give merely temporary relief, but attack all ailments of the stomach, lungs heart, head and bowels in the only safe and legitimate way, by cleansing the blood and so eradicating those impurities which are the source and constituent of almost every disease. Their medicinal efficacy is wonderful in renovating enfeebled constitutions. Their action embraces all that is desirable in a household medicine They remove every noxious and effete matter; and thus the strength is nurtured and the energies stimulated. Agnew, Samuel Henry, and Udalrikus Keiser, of 1 St. Andrewstreet, Dublin, watchmakers and jewellers, trading as "Agnew, Keiser, and Co." January 31; Friday, February 14, and Tuesday, March 4. John L. Scallan & Co., solrs. Flynn, Patrick, of Ellis's-quay, in the city of Dublin, grocer. January 24; Tuesday, February 11, and Friday, February 28. Alfred Henry, solr. Hammond, William John, of 127 and 129 Donegall-street, in the city of Belfast, leather merchant, trading as "Hammond and Company.' January 28; Tuesday, February 11, and Friday, February 28. Alfred Henry, solr. Kellett, Robert, of Cornassasse, Virginia, in the county, of Cavan, farmer and grazier. January 28; Tuesday, February 11, and Friday, February 28. Herbert Malley, solr. Murray, Patrick, of Ballybay, in the county of Monaghan, draper. January 24; Tuesday, February 11, and Friday, February 28. William Findlater & Co., solrs. Before the Commission of Oyer and Terminer for the City and County of Dublin, on the 5th inst., John Carmody pleaded guilty, "subject to what his counsel said," to having feloniously killed Mary Anne Carmody on the 13th January last. BIRTHS, MARRIAGES. AND DEATHS. MARRIAGES. HOWARD and HINDS-January 11 at the Parish Church of Rathmines, by the Rev. Mr. Bickerdyke, Samuel Howard, solicitor, Dungannon, to Margaret Matilda (Maud) Hinds, eldest daughter of Mrs. Grace Hinds, granddaughter of the late Doctor Sharpe, Parsonstown, niece of Brigade Surgeon William Gore Hinds, Naas. DEATHS. LYNCH-February 2, at Upper Leeson-street, Stanislaus Herbert, only child of Henry C. Lynch, barrister-at-law, aged 13 months. M'DONNELL-February 2, at the residence of her father, Winifred, eldest surviving daughter of Farrell M'Donnell, solicitor, Roscommon. WOOLLCOMBE-January, at her residence, Clifton, Bristol, Harriet Martha, eldest daughter of the late Robert Woollcombe, Esq, of Winscot Manor, Devonshire, third son of the late John Morth Woollcombe, Esq., D.L., of Ashbury Park, Devonshire, High Sheriff of Devonshire. Stevenson, J. Stuart, of 75 Sir John Rogerson's-quay, in the FUNERAL REQUISITES OF EVERY DESCRIPTION. city of Dublin, and late of Strawberry Hill, Vico-road, Dalkey, in the county of Dublin, gentleman. January 28; Friday, February 14, and Tuesday, March 4. D. § T. FitzGerald, solrs. WALLER, 49 & 50 DENZILLE-STREET. (102 Telegraphic Address-Undertaker, Dublin. Telephone No. 131. 201 124 སྒྲ། ། 173 107 1071 100 ICO 307 307 307 107 107 100 100% 201 201 201 20 111 33 331 15% BY SPECIAL APPOINTMENT, To Her Majesty, the Lord Chancellor, the whole of the Judicial Bench, Corporation of London, &c. ROBES FOR QUEEN'S COUNSEL and BARRISTERS. SOLICITORS' GOWNS. LAW WIGS AND GOWNS FOR REGISTRARS, TOWN CLERKS, AND CLERKS OF THE PEACE. Corporation Robes, University & Clergy Gowns, &c. ESTABLISHED 1689. 94 CHANCERY LANE, LONDON. 90 HENNIG BROS., Billiard Table Makers, 29 HIGH STREET, LONDON, W.C., Undertake to supply new 13 in. slate bed full size solid mahogany Billiard Tables of guaranteed workmanship and finish, replete with every modern improvement and requisites of the value of £10, delivered and fixed for £60; or freight paid to any Colonial Port for £70. Undersize, French, and Magic Billiard Dining Tables from £6 68. New Billiard, Pool, or Pyramid Balls, full size, real Ivory, from 10s. Supr West of England Cloths for full size Tables and Cushions, from 62s. 6d. Cues (well seasoned Ash) 1s.; ditto, supr. hardwood butted, 28., 2s. 6d., 38, 38. 6d., 48., 48. 6d.; Ebony butted, 5s. Cue Cases, 2s. 6d. and 38. Cue Tips (best quality only), 18., 18. 2d., 18. 4c., and 1s. 6d. per box of 100. Cue Tip Chalks, 1a. per gross. Restuffing Cushions with Rubber, warranted not to get hard in any climate, £8 10s. Adjusting and Colouring Balls, 8d. Price Lists, Cloth and Cushion Rubber Samples, post free. Every kind of Billiard Work executed with despatch, carefully and at moderate charges. Billiard Rooms fitted throughout; distance no object. Colonial and Shipping Orders promptly attended Estab. 1862. Cut out and preserve for future reference 100 Gt.Southernand Western 119 119 100 Midland Gt. Western 100 So Waterford and Limerick .. Railway Preference. Belfast & Nth'n Cos, 4 pc 100 Cork, Bandon & S. C., 4 p c too D., W., & W., 6 per cent 100 Gt. N'th'n (frind) gt'd4 pe 100 Do., (Derry) 5 p c .. 100 Do., 4 pc ..129 100 Mid Great Western, 4 pe | | | | | | | | 9 || | || | || || 107 Shares not fully paid up are given in Italics. Bank Rate-Of Discount- 3 per cent. 119 100 1 x d Of Deposit-1 per cent. Business commences at 1 30 p.m. ROSSIS ROYAL BELFAST GINGER ALE IRELAND ByHer Majesty's Letters Patent MONEY: 286 |